Richards and James and Anor

In the matter of *Richards and James and Anor*, Dessau J of the Family Court of Australia considered an application for interim relief and an application in a case. The dispute concerned the disposition of a deposit of $120,000, plus interest, held by "Esanda" or another entity, which formed part of the proceeds of sale of a property in Queensland. The parties involved were the applicant (referred to as the husband) and the first and second respondents.

The central legal issues before the court were whether to grant interim relief restraining the respondents from dealing with the deposit and whether to dismiss the husband's application for interim relief and the second respondents' application in a case. The court was required to determine the appropriate course of action regarding the disputed funds pending further resolution of the matter.

Dessau J ordered that the previous order of Bell J made on 4 August 2008 be discharged. The court then restrained the first and second respondents, their servants, and agents from withdrawing or dealing with the $120,000 deposit (plus interest) held by "Esanda" or any other entity, except as agreed in writing by all parties or as ordered by a competent Australian court. Furthermore, the husband's application for interim relief filed on 14 July 2008 and the second respondents' Application in a Case filed on 25 November 2008 were dismissed. All questions of costs were reserved, and the court deemed the matter reasonably required the attendance of counsel. Existing applications were adjourned to a Conciliation Conference on 19 February 2009.